Minority Contractor’s Race Bias Claim Dismissed

‘Facilities’ Charges Not Authorized by ICAs

By Deborah Elkins
Published: May 3, 2013
Tags: Contract, Judge Claude M. Hilton, U.S. District Court - Eastern District

In this suit by CoreTel Virginia LLC against Verizon Virginia LLC, the Alexandria U.S. District Court grants partial summary judgment to Verizon in this dispute over certain charges under interconnection agreements entered into under the Telecommunications Act of 1996. The Telecommunications Act of 1996 compels incumbent local exchange carriers (ILECs) like Verizon to negotiate contracts, [...]

Local Carriers Win Telecomm Case Against Sprint

By Deborah Elkins
Published: May 3, 2013
Tags: 4th U.S. Circuit Court of Appeals, Contract, Judge Allyson K. Duncan

The 4th Circuit upholds judgment for “CenturyLink” plaintiffs, a group of 19 local exchange carriers that entered into interconnection agreements with defendant Sprint Communications under the Telecommunications Act of 1996 in plaintiffs’ breach of contract action filed after Sprint began to withhold payments under the agreement; the appellate court also upholds the district court judge’s [...]

Engineer sued for leaving with data

By Peter Vieth
Published: April 25, 2013
Tags: Contract, Employment, Judge Mosby G. Perrow III, Lynchburg Circuit Court

A trade secrets skirmish in a Lynchburg courtroom has become a sideshow in a high-stakes battle over a contract to manage the nation’s atomic bomb factory. While giant corporations jousted for the prized $22 billion federal contract, a former government overseer at the Texas nuclear weapons plant stood before Lynchburg Circuit Judge Mosby G. Perrow [...]

No Tort Claim Against FCA Defense Lawyer

By Deborah Elkins
Published: April 24, 2013
Tags: Contract, Judge Leonie Brinkema, U.S. District Court - Eastern District

An Alexandria U.S. District Court dismisses plaintiff’s complaint against defendant lawyer who represented plaintiff’s former employer in plaintiff’s False Claims Act suit, seeking to hold the lawyer liable for alleged misrepresentations the lawyer made over three years ago during that FCA litigation. Plaintiff seeks at least $3 million in damages under theories of abuse of [...]

Email Not Enough to Prove Contract

By Deborah Elkins
Published: April 24, 2013
Tags: Contract, Judge James C. Cacheris, U.S. District Court - Eastern District

Although the parties continued to negotiate terms for defendant’s promotion of a concert featuring plaintiff Wiz Khalifa at George Mason University, with defendant holding out for plaintiff to release a new album, an email from plaintiff’s agent to defendant indicated the parties would wait until formal execution of the attached contract, and the Alexandria U.S. [...]

Arbitration Ordered for Warranty Claims

By Deborah Elkins
Published: April 22, 2013
Tags: Contract, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

Although a contract for new home construction states that the warranty of Va. Code § 55-70.1(C) is “specifically waived,” absent contract language indicating the property is sold “as is,” a Richmond Circuit Court overrules defendant builder’s motion to dismiss plaintiffs’ breach of warranty claim and its pleas of the statute of limitations, but the court [...]

Sub’s Claim Against Surety Is Too Late

By Deborah Elkins
Published: April 22, 2013
Tags: Contract, Judge Michael F. Urbanski, U.S. District Court - Western District

In a subcontractor’s Miller Act claim on a payment bond issued by defendants, the Harrisonburg U.S. District Court dismisses the claim as time-barred. Plaintiff TopSource filed a warrant in debt in a Virginia general district court on June 20, 2012, claiming defendants IBCS Group Inc. and Edmund Scarborough, an individual surety, owe TopSource $12,160 plus [...]

Arbitration Required for Security Contractor Claims

By Deborah Elkins
Published: April 22, 2013
Tags: Contract, Judge James C. Cacheris, U.S. District Court - Eastern District

An Alexandria U.S. District Court grants defendant government security contractor’s motion to compel arbitration of three employees’ claims that they were not paid for all the hours they worked and not paid proper pay rates; although only defendant may force arbitration, the agreement is not unconscionable and the agreement as a whole is supported by [...]

Teaming Agreement Not Final & Enforceable

By Deborah Elkins
Published: April 22, 2013
Tags: Contract, Judge James C. Cacheris, U.S. District Court - Eastern District

In this suit alleging defendant breached a teaming agreement with plaintiff to win a federal contract award, an Alexandria U.S. District Court grants summary judgment to defendant, concluding that the parties’ teaming agreement was not meant to provide a binding obligation but rather to set forth a contractual objective and agreed framework for the negotiations [...]